La. Admin. Code tit. 19 § III-301

Current through Register Vol. 50, No. 11, November 20, 2024

Section III-301 - Definitions

A. When used in these regulations, the following terms shall have meanings as set forth below.

1.Small Business-a business entity organized for profit (including an individual, partnership, corporation, joint venture, association or cooperative), as defined by the Small Business Administration of the United States Government which, for purposes of size eligibility or other factors, meets the applicable criteria set forth in Part 121 of the Title 13 of the Code of Federal Regulations, as amended, and which has its principal place of business in Louisiana.

2.Minority- a person who is a citizen or lawful permanent resident of the United States, domiciled in Louisiana, and who is a member of one or more of the following groups:

a.Black-having origins in any of the black racial groups of Africa.

b.Hispanic- having origins in Mexico, Puerto Rico, Cuba, Central or South America, or in other Spain or Portuguese cultures, regardless of race.

c.Asian American- having origins in any of the original peoples of the Far East, Southeast Asia, the Indian subcontinent, or the Pacific Islands.

d.American Indian or Alaskan Native- having origins in any of the original peoples of North America.

3.Minority Business Enterprise or Minority-Owned Business- a small business, organized for profit and performing a commercially useful function, which is owned and controlled by one or more minority individuals or minority business enterprises and which has its principal place of business in Louisiana.

a.Commercially Useful Function- responsible for execution of a contract or distinct element of work under a contract by actually performing, managing, and supervising the work involved.

b.Owned and Controlled- ownership of at least 51 percent of the firm, or in the case of a corporation, at least 51 percent of the voting stock, and controlling at least 51 percent of the management and daily business operations of the business.

4.State Procurement Activity- the purchase, lease, or rental of any goods and/or services undertaken for any state governmental entity which is subject to these regulations. Procurement activities specifically include the following types of expenditures.

a.Goods and/or Services- all purchases for supplies or services made under Chapters 16 or 17 of Title 39 of the Louisiana Revised Statutes of 1950, and all purchases of materials and supplies made under Chapter 10 of Title 38 of the Louisiana Revised Statutes of 1950, including selection of professional services under Part VII of Chapter 10 of Title 38.

i.Personal Service- work rendered by an independent contractor which requires the use of creative or artistic skills, such as graphic artists, sculptors, musicians, photographers and writers, or which requires the use of highly technical or unique individual skills or talents, such as paramedical, therapists, handwriting analysts, and expert witnesses for adjudication or court proceedings.

ii.Professional Service- work rendered by an independent contractor who has a professional knowledge of some department of learning or science used by its practical application of the affairs of others or in the practice of an art founded on it, including but not limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, and accountants. A profession is a vocation founded upon prolonged and specialized intellectual training which enables a particular service to be rendered. The word professional implies professed attainments in special knowledge as distinguished from mere skill. For contracts with a total amount of compensation of $75,000 or more, the definition of professional service shall be limited to lawyers, doctors, dentists, veterinarians, architects, engineers, landscape architects, accountants, and any other profession that may be added by regulations adopted by the Office of Contractual Review of the Division of Administration.

iii.Consulting Service- work, other than professional or personal services, rendered by an independent contractor who possesses specialized knowledge, experience and expertise to investigate assigned problems or projects and to provide counsel, review, design, development, analysis or advice in formulating or implementing programs or services or improvements in programs or services, including but not limited to such areas as management, personnel, finance, and accounting, planning and feasibility studies, data processing, advertising and public relations.

b.Public Works- all work, including construction, highway and ferry construction alteration and improvements (other than ordinary maintenance)- as provided in Chapter 10 of Title 38 or Chapter 1 of Title 48 of Louisiana Revised Statutes of 1950.

5.Certified Minority Vendor- a minority business enterprise or minority-owned business as defined in §301. A 3, which has completed the certification process as provided in Chapter 5 of this Part.

6.Certification- the process provided in Chapter 5 of this Part by which a minority-owned business or minority business enterprise is certified by the Office of Minority Business Enterprises (OMBE) as meeting the criteria for participation in the state's minority-owned business set-aside program.

7.Non-Certified Minority Vendor- a minority business enterprise or minority-owned business, as defined in §301. A 3, which has not been certified for participation in the set-aside program under Chapter 5 but which has confirmed its minority status under the procedures specified in Chapter 19 of this Part.

8.State Agency- any agency, department, office division, board, commission, educational institution, correctional facility, or other governmental entity within the executive branch of the state of Louisiana.

9.Set-Aside- those purchases, contracts, contract classes, or public works which have been designated and specifically set-aside by the commissioner of administration and/or the agency for awarding to minority-owned businesses or minority business enterprises under the provisions of Chapter 13 and Chapter 17 of this Part.

a.Contract- all types of state agreements, regardless of name of the purchase of supplies or services or for construction or major repairs. The term contract includes, but is not limited to, the following:

i. awards and notices of award;

ii. contracts of fixed price, cost, cost and fixed fee, or incentive type;

iii. leases/rental agreements;

iv. letter contracts;

v. contracts involving job or task orders;

vi. purchase orders;

vii. any supplemental agreement of these types.

b.Class of Contracts- an entire group of contracts having a common characteristic.

10.Annual Target Goal- the annual overall percentage of funds expected to be expended by each state agency for the procurement of all goods and services from minority-owned businesses, which has been established by the executive director of the Office of Minority Business Enterprises and the commissioner of administration in accordance with §1301 of this Part.

11.Annual Plan- the annual document prepared by each department of state government in accordance with §1303 of this Part which details the means by which that entity shall attempt to achieve its established annual target goal.

12.Contracting Base- the total annual funds of an agency which have been budgeted for the procurement of goods and services, other than capital outlay expenditures, for the subject fiscal year.

13.Adjusted Fiscal Year (Target) Base- the contracting base for an agency, less any excluded estimated expenditures under Chapter 13 of this Part, against which the annual goal percentage is to be applied.

La. Admin. Code tit. 19, § III-301

Promulgated by the Office of the Governor, Division of Administration, Office of Minority Business Enterprises, LR 11:342 (April 1985).

AUTHORITY NOTE: Promulgated in accordance with R.S. 39:1951-1969, R.S. 39:1981-1991.